Understanding International and European Law in Germany
What is International Law?
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.
German Law: An Overview
The modern German legal system is a system of civil law, which is the basic law for the Federal Republic of Germany.
European Law in Germany
When Does EU Law Apply?
Yes, European law is applicable in Germany. When there is a conflict between EU law and national laws of member states, EU law takes precedence.
European Union Institutions and Legislation
The Three Main Institutions
- European Parliament (represents citizens)
- European Commission (independent)
- European Council (represents member states)
These institutions are responsible for drawing up policies and legislation.
Legislative Acts of the European Union
Regulations
- Have a general application.
- Are binding in their entirety.
- Are directly applicable in all member states.
- Examples: EU roaming (2007-2012), Single Market Regulation 2015
Directives
- Only have effect once they have been transposed into national law by the member states.
- Transposition must take place by the deadline set when the directive is adopted.
- Examples: Product Liability 1985, Package Travel 1990, Consumer Rights 2011
When Can the European Union Take Action?
If the competence is not fully conferred to the EU, the EU may only act if a uniform rule is required and the planned objectives are better achieved together:
- Does the action have transnational aspects that cannot be resolved by EU countries?
- Would national action or an absence of action be contrary to the requirements of the Treaty?
- Does action at EU level have clear advantages?
Conflicts Between National and European Law
EU law is given greater weight than the national law of the member states. When there is a conflict between EU law and the national law of member states, EU law is to be applied.
- This principle is not laid down in the EU Treaties but has been recognized by the Court of Justice since 1964.
- Applies to all national legal acts as well as to the national justice system.
Freedom of Contract
Freedom of contract is the freedom of private or public individuals and groups to form contracts without government restrictions. This is opposed to government restrictions such as minimum wage, competition law, or price fixing.
How to Conclude a Contract
Offer + Acceptance = Contract
Components of a Contract
- Contracting parties
- Performance
- Consideration (usually a fee)
Typically, a contract includes:
- Terms of payment
- Delivery date
- Duties and obligations
- Agreement as to the application of standard terms and conditions
Declaration of Intent
A declaration of intent is a conscious and deliberate utterance or gesture communicated by a person that is intended to bring about a legal outcome and is binding (e.g., offer, acceptance, revocation, termination).
Concluding Contracts as Entrepreneurs
Contracts can be concluded with:
- Personal signature
- Notarial recording
- Qualified electronic signature